U.S. v. GULLETT

No. 94-5822.

75 F.3d 941 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Denny R. GULLETT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1996.


Attorney(s) appearing for the Case

ARGUED: Rebecca Ann Baitty, Lutz, Webb, Partridge, Bobo & Baitty, Sarasota, Florida, for Appellant. Kelly D. Ambrose, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before MURNAGHAN, NIEMEYER, and HAMILTON, Circuit Judges.


Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge MURNAGHAN and Judge NIEMEYER joined.

OPINION

HAMILTON, Circuit Judge:

On January 31, 1994, a federal grand jury sitting in the Southern District of West Virginia returned a one-count indictment charging the appellant, Denny Ray Gullett, with "maliciously damag[ing] and destroy[ing] and attempt[ing] to damage and destroy, by means of explosive, a building used in interstate...

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